[rpilote]

I sure hope someone can clarify something for me. I have looked over the web, and can't find what I am looking for.. My daughter was sued by a Dr for unpaid bills of roughly $4500. This was a result of a botched surgery, but that is another matter. Anyway, I know NJ excludes app $195 per week. She is part time and is paid every 2 weeks. Her average gross for the 2 weeks is $500-$600. Her employer said that the 10% is based on the full amount.. I would have assumed that the $195 per week would be excluded.. Can someone with knowledge of the law give us an answer.. Thanks so much, Rich

[JudyKayTee]

I sure hope someone can clarify something for me. I have looked over the web, and can't find what I am looking for..My daughter was sued by a Dr for unpaid bills of roughly $4500. This was a result of a botched surgery, but that is another matter. Anyway, I know NJ excludes app $195 per week. She is part time and is paid every 2 weeks. Her average gross for the 2 weeks is $500-$600. Her employer said that the 10% is based on the full amount..I would have assumed that the $195 per week would be excluded..Can someone with knowledge of the law give us an answer..Thanks so much, Rich

Here's the law - I see nothing about NJ excluding $195/week - it follows both Federal AND NJ Statutes and those are the citations:

"10% gross 25% of disposal earnings whichever is less but no execution on gross wages of $154.50 or less a week (Source: 15 USC, 1671 et seq,: 29 C. F. R., 5870; N.J.S.A. 2A: 17-50). "

[rpilote]

The law is 30 times the minimum hourly wage, which totals $196.50 weekly, so I believe that amount is excluded.. The law firm representing the plaintiff is Pressler and Pressler LLC.. They have tons of complaints filed against them, as well as a petition to the governor for an investigation into unlawful practices. If I am wrong in this, than will somebody please correct me.. Thanks, Rich

[ScottGem]

Judy quoted the law to you. Where do you get 30 x minimum wage calculation?

[rpilote]

10% gross 25% of disposal earnings whichever is less but no execution on gross wages of $154.50 or less a week (Source: 15 USC, 1671 et seq,: 29 C. F. R. 5870; N.J.S.A. 2A: 17-50). This is a bit outdated, but when this was printed, it was 30x minimum wage.. Rich

[JudyKayTee]

10% gross 25% of disposal earnings whichever is less but no execution on gross wages of $154.50 or less a week (Source: 15 USC, 1671 et seq,: 29 C. F. R., 5870; N.J.S.A. 2A: 17-50). This is a bit outdated, but when this was printed, it was 30x minimum wage..Rich

What I quoted is not outdated. You have quoted a 1970 law.

[rpilote]

Hi Judy, does that mean that if she makes $5.00 over the exclusion she pays a percentage of the full pay, or is it total pay minus the exclusion? Thanks, Rich

[JudyKayTee]

Hi Judy, does that mean that if she makes $5.00 over the exclusion she pays a percentage of the full pay, or is it total pay minus the exclusion? Thanks, Rich

It reads ""10% gross 25% of disposal earnings whichever is less but no execution on gross wages of $154.50 or less a week (Source: 15 USC, 1671 et seq,: 29 C. F. R., 5870; N.J.S.A. 2A: 17-50). "


So - if she makes LESS than $154.50 a week (one penny less, in fact), no garnishment can be accepted by her employer who would send the papers back with that explanation.

If she makes MORE than $154.50 a week (also by one penny) 10% of her gross OR 25% of her disposable income would be taken.

No, the $154.50 is not an exclusion, it's a base amount.

I know exactly what you are asking and it's a good, sound question. How to phrase an answer? How about this - the $154.50 isn't a DEDUCTION from her income, it's just a minimum amount.

Does that make sense?

[rpilote]

Now I understand.. Thank you very much.. even though I may not agree with the law.. $.01= $15+ in garnishment.. Thanks, Rich